Leese v. Berryhill

Filing 19

ORDER ADOPTING REPORT 16 of Magistrate Judge Mehalchick, AFFIRMING Commissioner's decision denying pltf's app for period of disability & disability insurance benefits, directing Clrk of Ct to enter jdgmt in favor of Commissioner & against pltf & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/13/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LORA L. LEESE,
Plaintiff
v.
NANCY A. BERRYHILL,1
Defendant

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CIVIL ACTION NO. 1:17-CV-1634
(Chief Judge Conner)

ORDER
AND NOW, this 13th day of September, 2018, upon consideration of the
report (Doc. 16) of Magistrate Judge Karoline Mehalchick, recommending the court
deny the appeal of Lora L. Leese (“Leese”) from the decision of the administrative
law judge denying her application for a period of disability and disability insurance
benefits, and the court noting that Leese filed objections (Doc. 17) to the report, see
FED. R. CIV. P. 72(b), and the Commissioner of Social Security (“Commissioner”)
filed a response (Doc. 18) thereto, and following de novo review of the contested
portions of the report, see Behar v. Pa. Dep’t of Transp., 791 F. Supp. 2d 383, 389
(M.D. Pa. 2011) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1989);
28 U.S.C. § 636(b)(1)(C)), and applying a clear error standard of review to the
uncontested portions, see Cruz v. Chater, 990 F. Supp. 375, 376-78 (M.D. Pa. 1999),
the court being in agreement with Judge Mehalchick that the administrative law
1

Due to the Federal Vacancies Reform Act, 5 U.S.C. § 3345 et seq., former
acting Commissioner of Social Security Nancy A. Berryhill is currently presiding
as the Deputy Commissioner for Operations of the Social Security Administration.
For consistency purposes, however, we continue to refer to Ms. Berryhill as “the
Commissioner.”

judge’s decision “is supported by substantial evidence,” 42 U.S.C. § 405(g); Fargnoli
v. Massanari, 247 F.3d 34, 38 (3d Cir. 2001), and finding Judge Mehalchick’s analysis
to be thorough, well-reasoned, and fully supported by the record, and further finding
Leese’s objections to be without merit and squarely addressed by the report, it is
hereby ORDERED that:
1.

The report (Doc. 16) of Magistrate Judge Mehalchick is ADOPTED.

2.

The Commissioner’s decision denying Leese’s application for a period
of disability and disability insurance benefits is AFFIRMED.

3.

The Clerk of Court shall enter judgment in favor of the Commissioner
and against Leese as set forth in paragraph 2.

4.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania